In a letter to Benton County Circuit Judge Brad Karren, the prosecutor appointed to the case said he believes the allegations against Ben Lipscomb were the result of a misunderstanding or miscommunication. Prosecutor Marc McCune goes on to say that the badge and ID Lipscomb showed a concert employee "clearly identify him as a Prosecuting Attorney and City Attorney, and not as a police officer."
McCune also said even if Lipscomb did pretend to be an undercover officer, for it to be a criminal impersonation he would have had to "act purposely to injure, defraud, harass or intimidate the employee."
I did what I thought was appropriate and tuned it over to the Prosecuting Attorneys Office. I respect the Special Prosecutors decision. In my judgement, the potential misdemeanor charge was hardly the most egregious part of this incident. The greater concern is an elected official thinking it’s okay to use his position to gain access to a restricted area for the sole purpose of obtaining a cocktail. If getting a drink is so important, buy the VIP tickets. As a former law enforcement officer, it's troubling to think your local city prosecutor would act in this manner. Mr. Lipscomb’s actions were inappropriate and served up more than a cocktail, they served up public scrutiny, distrust, and embarrassment to Rogers and area elected officials.